Appellate

  • September 22, 2026

    Ga. Justices Say Missed Deadline Warrants Atty's Suspension

    Georgia's highest state court imposed a six-month suspension on an attorney because of his handling of a personal injury case, finding Tuesday he violated state rules by not filing required written expert reports and failed to pay for sanctions in a timely manner.

  • September 22, 2026

    1st Circ. Affirms Prison Term, Repayment In Med Bill Scheme

    The First Circuit affirmed a lower court's calculations behind a 99-month prison sentence and $6.5 million restitution order for a psychiatrist convicted of submitting $19 million in claims to insurers for thousands of sessions that never took place.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    Mass. Justices Grant New Trial In Fatal Parade Shooting

    Massachusetts' top court ordered a new trial Tuesday for a man accused of fatally shooting a bystander during a parade, ruling that trace amounts of gunshot residue found on his body were improperly admitted as evidence. 

  • September 22, 2026

    Fla. Justices Seek No-Pay Discipline In Judge's Ethics Case

    The Florida Supreme Court on Tuesday refused to sign off on a public reprimand and suspension for a state judge who admitted to ethics violations in connection with her election campaign, saying it would do so only if the suspension was without pay.

  • September 22, 2026

    Split Ga. High Court Dismisses Former Judge's Ethics Cases

    A split Georgia Supreme Court on Tuesday found that a former state judge committed several ethics violations, including wrongly jailing a witness in a divorce case, but tossed the charges because she resigned from the bench, although dissenting justices said the court should use its authority to discipline her.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    Dispensary's Tax Deduction Properly Nixed, IRS Tells 9th Circ.

    The U.S. Tax Court correctly ruled that a San Francisco marijuana dispensary's expenses found to be tied to trafficking in controlled substances aren't deductible, the IRS told the Ninth Circuit, saying such a deduction shouldn't be allowed in determining an amount to settle the business's $3 million tax debt.

  • September 22, 2026

    NJ Justices Take On Atty DQ In Injury Cases After J&J Ruling

    New Jersey's Supreme Court has agreed to review the disqualification of an attorney from representing plaintiffs in several cases over injuries at Sky Zone trampoline parks after a trial court ruled the attorney's retention of a former company safety official as an expert could prejudice proceedings.

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 22, 2026

    Ga. Justices Say UM Claims Can Settle Before Liability Claims

    The Georgia Supreme Court on Tuesday held that the state's intermediate appellate court wrongly found that a man injured in a car crash was required to exhaust the at-fault driver's liability coverage before settling a claim for uninsured motorist coverage with his own insurer.

  • September 22, 2026

    8th Circ. Questions Iowa's Bid To Unblock Parts Of PBM Law

    The Eighth Circuit on Tuesday appeared skeptical of the state of Iowa's bid to have the appellate court unblock parts of its law limiting pharmacy benefit managers' power to set drug prices, with multiple judges questioning different aspects of the state's standing and federal preemption analysis.

  • September 21, 2026

    Due Process Not Limited In Bond Hearing Suit, 9th Circ. Says

    The Ninth Circuit held in a published opinion Monday that a certified class of asylum-seekers apprehended well within the U.S. border can challenge their detentions, rejecting the government's contention that the U.S. Supreme Court limited their due process rights.

  • September 21, 2026

    Rude Comments Fall Short Of Stalking, Fla. Panel Says

    A Florida appeals court has ruled there was insufficient evidence to sustain a stalking injunction against a woman who was described as "bullying" her neighbor by making mean comments about the neighbor's weight and a disability.

  • September 21, 2026

    Colo. Justices Say Insolvency Can't Trigger Excess Coverage

    The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the justices' opinion, issued Monday.

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    3rd Circ. Upholds 'Pattern' Penalty For Child Rapist

    The Third Circuit ruled Monday that a Pennsylvania man who kidnapped and sexually abused a child multiple times qualifies for a pattern crimes enhancement, ruling that although the crimes occurred over a matter of hours, they qualified as separate events.

  • September 21, 2026

    4th Circ. Won't Rethink Cutting $22M Wells Fargo Judgment

    The Fourth Circuit declined Monday to reconsider its decision cutting nearly $2.9 million from a former Wells Fargo employee's $22 million jury award and overturning portions of the verdict in his disability discrimination suit against the financial giant.

  • September 21, 2026

    FERC Wrongly Segmented Pipeline's Water Eval, DC Circ. Told

    Environmental groups have told the D.C. Circuit that the Federal Energy Regulatory Commission botched its analysis of the effects of a Williams Cos. unit's pipeline expansion project on streams and other aquatic resources in Virginia and North Carolina.

  • September 21, 2026

    Ill. Panel Says News Report Bars Law Firm's FCA Suit

    An Illinois appellate court on Friday upheld the dismissal of a whistleblower lawsuit brought by Forde & O'Meara LLP accusing a company of secretly assigning its interests in unpaid state bills to unapproved entities to duck taxes, agreeing that a prior public disclosure of the alleged scheme in a news report bars the firm's claims.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    Mass. Court Affirms Toss Of Gun Evidence In 22-Judge Ruling

    An evenly split Massachusetts Appeals Court on Monday let stand a judge's suppression of a gun found by Boston police officers during an inventory search prior to a vehicle being towed, in a rare ruling involving all but three of the intermediate appellate court's 25 judges.

  • September 21, 2026

    Ill. Court Won't Undo $41M Stroke Malpractice Verdict

    An Illinois appeals panel won't upend a $41 million verdict against OSF Healthcare System in a suit over a man's debilitating stroke, saying Illinois law tolls the statute of limitations based on the plaintiff's disability, regardless of if his wife or attorneys could have filed suit.

  • September 21, 2026

    Fed. Circ. Says Profit Measurement Patents Ineligible

    The Federal Circuit on Monday said claims in a trio of patents relating to management profit measures were not patent-eligible, handing a win to software company Teradata Operations Inc. and industrial supply business W. W. Grainger Inc. in a suit accusing them of infringement.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

Expert Analysis

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

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